U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D. C. 

The Liberty Foundation, Inc. 

FAA DOCKET NO. 2012·0477 

(EIR 2011-GL-03-0070) 

(Civil Penalty Action) 

Hon. J. E. Sullivan, Administrative Law Judge 

RECEIVED 

JAN 1 0 2014 

HEARING DOCKET 

RESPONDENT'S MOTION TO CONTINUE TRIAL DATE 

Respondent, The Liberty Foundation (TLF), by and through its undersigned attarney, respectfully, and necessarily, moves the Court for the entry of an order continuing 

. . 

the trial date (April22-25, 2014) in this matter. In support of its Motion, TLFstates: 

TLF's Chief Pilot and Executive Director, Raymond Fowler, will be TLF's representative at the trial as well as an important witness. Mr. Fowler is a Major in the Alabama 

Air National Guard. Undersigned counsel recently received a copy of the orders deploying Mr. Fowler for the period Apri118, 2014 through December 6, 2014 in support of Operation Enduring Freedom.• The trial in this matter is currently scheduled for the period 

April 22 - 25, 2014. Although not explicit in the Orders, Mr. Fowler advises he will be 

overseas during this deployment. 

-. -~~.. ··,<·:·· :-_, " . ,,. ... ' <" ' " i --: ' 

I A copy of the Orders, partially redacted, is attached hereto as Exhibit A'and made a part nereot: 

- ".c.. , STL!b_Rl"A.fOLDSTJ::Ii'!',·f·A., 7300 North Kendall Onve. SUite 380, M1ami,FL -'33166 · ,;I ' 

T: (305) 670-1222 F: (305) 4()()-0685 EMAIL: STLJARTGOLDSTEINPA®ATI.NET 
Undersigned counsel requires Mr. Fowler's presence in preparation for the trial, at 

the trial as his representative and as an important witness. 2 TLF is not requesting a delay or continuance of any of the other dates pertaining to this proceeding. Undersigned 

counsel previously advised counsel for the FAA of these orders and that this motion 

would be filed. 

This Motion is not filed for delay or any other improper purpose. 

ARGUMENT 

For good cause, the trial court should allow a continuance of the hearing date. 

Some of the factors related to good cause are the timing of the motion in relation to the 

trial date; prejudice that would result to the moving party in the absence of the continuance; lack of prejudice to the non-moving party; whether the reason for requesting the 

continuance is avoidable or mandatory; and the public interest. Paul B. Haggland, Jr. 

Docket No. CP91AL0161, FAA Order No. 92-29 (April15, 1992); Wilson v. Department 

of Professional Regulation, 2003 WL 2271769 (Ill. App. Ct. 1st Dist. 2003); Sheet Metal 

Contractors of Iowa v. Commissioner of Ins., 427 N.W.2d 859 (Iowa 1988); Coats v. 

Limbach, 548 N. E. 2d 917 ( 1989). The Court has broad discretion in this regard to control its docket and will be reversed only upon an abuse of discretion. Clinton v. Jones, 

520 u. S. 681, 117 S. Ct. 1636 ( 1997). Where a continuance could not benefit Respondent's defense to FMs claims, it was properly denied. Guy Edwards, Docket No. 

CPOOGL0009, FAA Order No. 2003-1 (May 6, 2003). 

TLF has shown good cause for granting this Motion in that no prejudice will result 

to FAA if the continuance is granted (the mere passage of time should not be consid-

' Mr. Fowler has been identified previously as one of TLF's witnesses and he has been deposed by FAA. 

STUART A. GOLDSTEIN, P, A. 

7300 North Kendall Drive, Suite 380, Miam~FL 33156 

T: (305) 670-1222 F: (305) 400-0565 EMAIL- STUARTGOLDSTEINPA@AIT.NET 
ered prejudice). To the contrary, serious prejudice will result to TLF if the continuance is 

not granted since it will not have the benefit of Mr. Fowler's experience and expertise as 

its trial representative and witness. The public interest factor also favors granting this 

Motion. Mr. Fowler's deployment (his fourth) is in support of the national security of the 

United States. It would be inappropriate if Mr. Fowler's absence in support of America's 

foreign policy might prejudice TLF. 

This Motion was filed promptly upon learning of Mr. Fowler's deployment orders 

and the trial date is four months hence. 

The Service Members Civil Relief Act ( 1 08 P. L. 189; 117 Stat. 2835) of 2003 may 

also be applicable. Section 102(b) makes the Act applicable to "any judicial or administrative proceeding commenced in any court or agency in any jurisdiction subject to this 

Act." Section 202(d) requires a stay of proceedings for a minimum period of 90 days if 

the court finds there may be a defense to the actions and a defense cannot be presented without the presence of the defendant. While Mr. Fowler is not technically a "defendant" nor personally a "party" in this matter, he is TLF's Executive Director and Chief Pi· 

lot and his presence is required in order to make TLF's defense. 

WHEREFORE, TLF respectfully requests a continuance of the trial date in this 

matter until such time as Mr. Fowler returns from the deployment referenced in Exhibit A 

and for a reasonable period thereafter. 

STUART A. GOLDSTEIN, P. A 

7300 North Kendall Drive, Suite 380, Miami.Fl 38156 

T: (305) 670-1222 F: (305) 400-0685 EMAIL: STUARTGOLDSTEINPA®ATT NET 
Respectfully submitted, 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive, Suite 380 

Miami, FL 33156 

Tel: (305) 670-1222 

Fax: (305) 400-0685 

Email: stuartgoldsteinpa@att.net 

By: )~ LL. Jx&d-!i= 

Stuart A. Goldstein 

Attorney for Respondent 

CERTIFICATE OF SERVICE 1}, 

I HEREBY CERTIFY that the foregoing has been served on this .J..? day of Decamber, 2013, as set forth below: 

Christopher R. Stevenson, Esq. 

Office of the Regional Counsel 

Federal Aviation Administration 

0. Box 20636 

Atlanta, GA 30320 

By Facsimile (404) 305-5223 

and regular U.S. Mail 

and that an original and one copy was served upon: 

Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Federal Aviation Administration 

BOO Independence Avenue, S. W. 

Washington, D. C. 20591 

STUART A. GOLDSTEIN, P. A. 

7300 North Kendall Drive. Suite 380. Miami.FL 33i56 

T: (305) 67Q-1222 F: (305) 4()()-.0685 EMAIL: STUAATGOLDSTEINPA@ATT NET 
and that a copy was served upon: 

Honorable J. E. Sullivan 

Office of Hearings, M-20 

S. Department of Transportation 

1200 New Jersey Avenue, S. E. (E11-31 0) 

Washington, D. C. 20590 

By Facsimile: (202) 366-7536 

and regular U. S. Mail 

By: {:r.XWJJt(__ D (\ ~ 

Stuart A. Goldstein 

STUARr A. GOLDSTEIN, P. A. 

7300 North Kendall Dtiv~. S'!!ta SSO, Mlami,FL 93158 

T: (305) 670-1222 F: {305) 400-0065 EMAil: STUARTGOlDSTEINPA@ATT.NEf 
R-1000012, 187TH OPERATIONS GROUP, 01 Nov 2013 

Mobilization Authorization Number: 000000000000000 

CMAS: n/a 

Command Code: n/a 

Mean Code: n/a 

Man Day ID: n/a 

Tour Indicator: n/a 

Reserve Active Duty Reason: H - INVOL MOBILIZATION (PARTIAL 10 USC 

12301, 12302, 688) 

Executive Order: 132230 - OPERATION ENDURING FREEDOM 

11. ADDITIONAL INFORMATION, Based on these orders to Active Federal Service 

for a period of 31 days or more in support of a contingency operation 

dated after 28 October 2004, members and eligible dependents may be 

eligible for TRICARE benefits. IAW (I), Identification Cards for 

Members of the Uniformed Services, Their Eligible Family Members and 

Other Eligible Personnel, 20 Dec 02, para 1.19.4, it is the members 

responsibility to ensure their DEERS record reflects the proper active 

duty dates if orders are in excess of 30 days. Eligibility period for 

this benefit begins upon notification or receipt of 

Delayed-Effective-Date order to active duty or up to ninety (90) days 

prior to written or verbal notification of being placed on active duty. 

Benefits are effective the date you receive notification that you are 

(or will be) ordered to active duty for a period of 31 days or more in 

support of a contingency operation as defined in provisions of law, 10 

U~S~C. 10l(a)(13)(b). If service is 90 days continuous in support of a contingency, prior to deactivation, member must declare intent to 

enroll in TRICARE Reserve Select (TRS) Program. Members should contact 

their servicing MPF for eligibility and current benefit information 

regarding TRS. It is suggested members review their eligibility period 

by logging onto the Guard/Reserve portal at 

https://www.dmdc.osd.mil/appj/esgr/index.jsp before submitting claims 

to TRICARE. Claim procedures have been posted at 

http;//www.tricare.osd.mil/claims. TRICARE enrollment procedures can also be found at the following site: http//www.tricare.osd.mil/reserve, 

This order contains information protected under the Privacy Act of 

1974. This active duty order does not constitute authority to deploy 

from the activated location. If further deployment is required after 

reporting to the Commander of assigned unit, the applicable 

Contingency, Exercise 1 Deployment (CED) or TDY order must be published 

and furnished to the individual prior to departure. Deploying personnel 

must out-process through the servicing Military Personnel Flight as directed. 

12. Your Early Identification Date is 01 NOV 2013. Based on these orders to 

active federal service for more than 30 days, you and your family membezg (if applioable) ar& eligiQle for TRICARE benefita~ Your 

eligibility began either upon the date you started your active duty 

ord@rs or up to 180 days before the date on which the period of active 

duty commenced, whichever is later. A delayed-effective-date aotive 

duty order may be verbal or written~ It is effective the date you 

receive notification that you are (or will be) ordered to active duty 

for more than 30 days in support of a contingency operation as defined 

in provisions of law, 10 U.S.C. 10l(A)(l3)(b). 

13. Alte•nate means, such as Secure Video ~eleconferenoe (SVTC) or other 

web-based communications are not sufficient to accomplish travel 

objectives. 

14. Authorizations to cite the current or next fiscal year does not 

oonatitute authorizations to ohliqate funds until approved by congress. 

15. A certified pa~ order with all associated modifications must be 

submitted to M1litary Pay within 5 working days after the end of the 

tour for payment processing. 

Page 2 of 4 

~~- -------· 
R-1000012, 187TH OPERATIONS GROUP, 01 Nov 2013 

16. Member may be entitled to ACIP 

17. Member may be entitled to BAH I 

18. Officer is entitled to BAS type N 

19. Department of Defense organizations requ~r~ng order validation, please 

contact the AROWS Help Desk at 1-877-486-2538. 

20. ***A PER DIEM WAIVER TO EXCEED 180 DAYS AT ONE LOCATION FROM 2014-04-18 

TO 2014-12-06 FOR MAJ FOWLER IS APPROVED. THE SECAF IDENTIFICATION CODE 

IS SAF14BOG0001 

21. This is a pay only order, Travel authorization will be complete~ using 

Defense Travel System (DTS). 

22. CERTIFICATION: WUC: lC Perstempo: A 

Fund Cite: 

P&A 5743500 324 511 525725 

5753500 325 511 525725 

CIC: n/a 

Estimates: Travel: $0.00 Per Diem: $0.00 Rental Car: $0.00 

Certifying Official: /s/ SSGT SHELBY K HURT /s/ 

23. AUTHENTICATION: 

BY ORDER OF THE SECRETARY OF THE AIR FORCE 

/S/OFFICIAL/8/ 

WILLIAM L. SPARROW, COL, ALANG 

Commander 

Page 3 of 

DISTRIBUTION: A 

4 
R-1000012, 187TH OPERATIONS GROUP, 01 Nov 2013 

STATEMENT OF DUTY 

Member without dependents 

Member with dependents 

Married to Military Member 

Status of Spouse (if known) 

( ) a. Spouse on Active Duty or AGR status 

( ) b. Spouse not on Active Duty 

( ) c. Active duty/AGR spouse claims child/children for BAH 

purposes 

Member occupied contract/government quarters for this period of 

duty. 

Member did not occupy contract/government quarters for this period 

of duty. 

I certify member reported for duty at •===-- hours on 

(time) 

(excluding travel time) and was released from duty at 

(date) 

.,==.-hours (time) on (excluding travel time). 

(date) 

Printed Name of Supervisor Signature of Supervisor 

POV MILEAGE ONLY CLAIM: (Use DD Fm 1351-2 for other claims) 

Start Date End Date _____ _ POV Miles 

I certify I was the owner/operator of the Privately Owned Vehicle (POV) 

Printed Name of Member Signature of Member 

Member's Email Address (Optional) 

Page 4 of 4